Legal Opinion

Medis v. State

Court of Appeals of Texas

Decided February 9, 1889No. 2542PublishedCited by 6 opinions

Appeal from the Criminal District Court of Galveston. Tried below before the Hon. Gustave Cook. The conviction was for sodomy, alleged to have been committed upon one Milton Werner. The verdict reads as follows: “We, the jury, find Chas. Medis and Ed Hill guilty as charged of sodomy, and assess the punishment at ten years confinement in the penitentiary.”

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Appeal from the Criminal District Court of Galveston. Tried below before the Hon. Gustave Cook. The conviction was for sodomy, alleged to have been committed upon one Milton Werner. The verdict reads as follows: “We, the jury, find Chas. Medis and Ed Hill guilty as charged of sodomy, and assess the punishment at ten years confinement in the penitentiary.” The details of the transaction involved in this prosecution are too foul and disgusting to be recorded even in a report of judicial proceedings. It is enough for the purpose of this report to observe that the prosecuting witness Werner was…

1Opinion of the CourtHurt, Judge

The appellants were jointly indicted, tried and convicted of sodomy, the verdict of the jury being: “We, the jury, find Charles Medis and Ed Hill guilty as charged, of sodomy, and assess the punishment at ten years confinement in the penitentiary.”

Appellants contend by their counsel that this is not a good or legal verdict. This proposition is now well settled in favor of appellants. (Flynn et al. v. The State, 8 Texas Ct. App., 398; Matlock et al. v. The State, 25 Texas Ct. App., 716; Cunningham v. The State, 26 Texas Ct. App., 83; 4 Ark., 430; 16 Ark., 37.)

Appellants were charged with…

2Cited by6 opinions

  1. Gregoire v. StateCourt of Appeals of Maryland · 1957
  2. Cole v. StateCourt of Criminal Appeals of Oklahoma · 1946
  3. Pipkin v. StateCourt of Criminal Appeals of Texas · 1950
  4. Perry v. StateSupreme Court of Alabama · 1907
  5. State v. CareyNevada Supreme Court · 1912

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